RPM trying to collect a fake debt
Complaint
JP
Country: United States
On 4 Apr 08 I got a call from Receivables Performance Management (RPM) claiming that I owe $85 on a Verizon account from 2000. I know that I’ve never had a Verizon account, and that my phone account from 2000 (I forget which company) was paid properly. So I told the RPM rep that they were full of s**t, and that I wanted written proof that this debt is actually mine. They had the last 4 of my SSN and tried to pass that off as “proof” that their info was legitimate. I still didn’t fall for it and asked for everything in writing.
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Comments
With this bunch, it is probably not safe to even pay them money, without working through your attorney and getting validation of the debt.
By the way, if you referred them to your attorney as representing you in this matter, it is a violation of FDCPA for them to continue to call you instead rather than working through your attorney.
As for their BS about insufficient funds and alleged "fraud", it sounds like they tried to run through unauthorized charges, or at least in advance of the date you had authorized them to charge your account.
Their allegation of "fraud" is pure bunk, a threat to attempt to intimidate you into paying faster. Checks presented to buy something that deliberately bounce may be a crime since they are "payment for value", i.e. you bought something, but paying a debt, or bouncing a check to pay one, is not "payment for value", since the creditor is no worse off than they were before the charge failed to go through. If they don't get the money, you still owe it (assuming you originally owed it). In addition, in this case it appears it bounced because of their illegal attempt to ram it through early. FDCPA prohibits submitting post-dated checks (or the equivalent phone authorizations) ahead of the authorized date.
"Do they enjoy bullying?"
Yes. Apparently, they enjoy it even more than getting paid.
...If they are checking credit reports, then why would they be mailing notices to OLD addresses?!
Let's see if they like what's coming next!
You might try www.naca.net
Zane, did I quote that correctly? I'm praying I didn't, because my personal experiences with Receivables Performace Management, including tape recorded conversations, is completely different. The notices, or dunning letters, they have sent to me were to an address theat I haven't lived at in ten years, and wasn't even associated with the account in question. With information like that, they are hard to take seriously, wouldn't you agree?
The number one complaint was against debt collectors! No surprise there! These slugs operate with complete and total disdain for the law.
I have not received any statements from Verizon showing any balances, and fortunately I have kept all my documentation....
RPM has a history of complaints indicating that they "erroneously" call the wrong people, both those with different names and those with similar names to some old account, and that they harass people and may attempt to deceive them into paying unowed debts.
It is quite possible that they may be claiming you owe some debt you do not owe, either by misidentifying you, or through an error by Verizon.
You cannot trust unsupported claims made by debt collectors over the phone, as many will lie to get money even when they have not verified alleged debts with the original creditor. Contact Verizon directly to verify that your account has no balance due.
Send a dispute and validation request letter to RPM, demanding that they send you proof from the original creditor that you owe the alleged debt. Mail it certified, return receipt requested, so you have proof of receipt. Send this letter immediately, since if you mail it within 30 days of receiving their first letter, they are required to cease all debt collectino activity until they obtain and send validation.
If they continue to harass you or damage your credit over an unowed debt, and in particular, if they continue to demand payment after receiving your letter without providing any proof, file complaints with FTC, your state Attorney General, and the Washington Attorney General. Then find a consumer attorney willing to take the case on contingency, to pursue damages for violations of FDCPA and/or FCRA. You might try www.naca.net
If they keep calling after receiving your letter, file complaints for FDCPA violations with FTC and your state Attorney General, and find an attorney with experience in FDCPA and TCPA litigation. Both allow courts to award attorney fees, FDCPA allows for actual damages plus $1000, and TCPA allows for damages of $500 per call, and even higher if "willful".
The talk-off they use, that they sent some letter to some other address, but that is was "your fault", is aimed at convincing people they have no right to dispute. It is a deceptive collection tactic in violation of FDCPA.
Deceptive collection is an indicator suggesting fraud.
They are evading their legal responsibilities under FDCPA to validate alleged debt. You cannot rely on or trust what they way on the phone.
" If I didn't pay they would seek legal action against me. "
If they do not actually sue, then they are making an illegal threat, again in violation of FDCPA.
Contact FTC, your state Attorney General, and the Washington State Attorney General.
Receivable Performance Management, LLC is an accounts receivable management company. The company was incorporated in 2002 and is based in Lynwood, Washington.
20816 44th Avenue, West
Lynwood, WA 98036
United States
Founded in 2003
They have been calling my 6 year old son's phone.
I spoke with a "Josh" and explained this was an incorrect number and please remove the number. After being told that was not possible, and being hung up on twice, and speaking to 3 or 4 different people I was able to finally remove the number, after being told repeatedly that a reverse look up was not possible.
Thanks to someone named Vladimir, who did the reverse look up and fixed the issue. Humm turns out it was possible. I HOPE!
This is another of the blood sucking companies that buy debt and try to capitalize on that debt, making the debtor pay more than the debt was really worth.
Please see these stories of other peoples issues with this company.
http://www.ripoffreport.com/collection-agency-s/rpm-receivables-perf/rpm-receivables-performance-e78ww.htm
It's an FDCPA violation for deceptive collection, a "con", and an attempt to fraudulently get money from people who don't owe it.
Several alleged employees have claimed this is legal, indicating they are probably being trained to do it.
I did, after several requests, get "Zane" to give me the RPM mailing address.
Now, after "Zane" refused to give his last name (as required by law), I told him to wait because I wanted to tape the call. "Zane" said he didn't give consent to taping the call, so I hung up.
Now that I have a mailing address, "Zane" will be receiving a nice letter from my attorney very shortly.